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1941 Supreme(Lah) 81

BECKETT
Sampuran Singh – Appellant
Versus
Ahmad Din – Respondent


JUDGMENT

Beckett, J. - This is a suit for recovery of Rs. 4227-5-0 on the basis of a document the relevant terms of which run as follows:

...I, Daulat, am the exclusive owner of the property, (here follows the detail of the property). The property in question is free from all incumbrances. I have mortgaged the same without possession (adrahan ki hai) in favour of Sardar Sampuran Singh for a sum of Rs. 2000 and I will be bound by the following conditions: (1) I will pay the mortgagee along with the principal interest Re. 1-8-0 percent, per mensem every half year. If I fail to do so, these arrears will be regarded as principal money due and. I will be liable to pay interest at the above rate on these arrears as well. (2) Whenever I will pay in lump sum, the principal amount together with, arrears of interest and compound interest, if any, I will redeem the property. Without payment of interest and compound interest due, I will not be entitled to redeem the property.... I have accordingly, executed this ad-rahan-nama in favour of Sardar Sampuran Singh mortgagee....

2. It is not disputed that ordinarily the terms of this document entitled the plaintiff to have the property brought to sale

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